Quiz 3

Question 1

Intentional Tort: Assault

Answer 1

Threatening words or acts

No physical contact necessary

Question 2

Intentional Tort: Battery

Answer 2

Completion of Assault

Physical contact

Question 3

Intentional Tort: Defamation

Answer 3

False Statement of Fact
Oral breach: Slander
Printed/Media breach: Libel

Question 4

To establish Defamation:

Answer 4

1. False statement of fact made
2. Statement harmed reputation
3. Statement published to one other person
4. If plaintiff is a public figure, actual malice needs to be proved

Question 5

Damages for Libel:

Answer 5

Compensation for things like humiliation and emotional distress

Question 6

Damages for Slander:

Answer 6

Economic Loss needs to be proved

Question 7

Exception for damages for slander:

Answer 7

Slander per se: no proof of damages necessary when the statement involves something like a serious crime

Question 8

Defenses to defamation:

Answer 8

1. The truth

2. Absence of Malice (for public figures)

Question 9

Intentional Tort: Trespass to Land

Answer 9

Occurs when someone:

1. Enters land
2. Causes something to enter land
3. Remains after being asked to leave

Harm to land isn’t necessary

Question 10

Reasonable Duty of Care

Answer 10

Landowner must warn about dangers that aren’t apparent, like guard dogs

Question 11

Attractive nuisance doctrine

Answer 11

Landowners may be liable for objects that attract children, like swing sets

Question 12

Defenses to Trespass

Answer 12

1. Trespass is necessary to assist someone in danger

2. Trespasser is a licensee like national grid

Question 13

Intentional Tort: Trespass to personal property

Answer 13

Interference with someone’s personal property without consent

Question 14

Types of trespass to personal property:

Answer 14

1. Conversion: permanently deprive owner of their property
2. Failure to return goods: don’t give back property that was borrowed
3. Disparagement of Property: think of defamation, it’s basically defamatory statements about someone’s property that injure them economically

Question 15

Intentional Tort: Wrongful interference with a Business Relationship

Answer 15

1. There’s an established business relationship
2. Defendant uses predatory methods to end relationship
3. Plaintiff suffers damages

Question 16

Negligence

Answer 16

Failure to live up to a required duty of care

Intent not required, only creation of risk/harm

Question 17

For Negligence, Plaintiff must prove:

Answer 17

1. Duty: defendant owed plaintiff a duty of care
2. Breach: defendant breached duty of care
3. Causation in Fact: “But for” test
4. Proximate Cause: there needs to be a strong enough connection between the negligent act and the injury caused
5. Compensatory Damages: reimbursement for actual losses
6. Punitive Damages: punish tortfeasor and deter others

Question 18

Defenses to Negligence

Answer 18

1. Assumption of Risk: plaintiff new risk and engaged in act anyways (like if they signed a waiver)
2. Superseding Cause: something happens that breaks the causal connection between act and injury
3. Contributory Negligence: If plaintiff caused their injury in any way, they can’t recover
4. Comparative Negligence: apportions damages
   Pure: plaintiff recovers even if their liability is greater than defendant
   50% Rule: plaintiff recovers only of their liability is less than 50%

Question 19

Negligence Per Se

Answer 19

Defendant breeches a safety statue meant to protect plaintiff (lack of smoke detector)

Question 20

How do you win a Products Liability Lawsuit?

Answer 20

1. Negligence: Manufacturer fails to exercise reasonable standard of care in making the product
2. Fraudulent Misrepresentation: fraud made knowingly or with reckless disregard
3. Strict Liability: holds manufacturers, sellers, and lessors liable for results of their acts, regardless of intentions or exercise of reasonable duty of care

Question 21

Requirements for Strict Liability

Answer 21

1. Product defective when sold
2. Defendant’s in the business of selling the product (can’t be something you bought at a garage sale)
3. Product is unreasonably dangerous
4. Plaintiff harmed physically
5. Defective product caused the harm
6. Product hasn’t been changed since it was bought

Question 22

Who can recover in products liability lawsuits?

Answer 22

Basically anyone affected by the product

Question 23

What makes a product unreasonably dangerous under Strict Liability?

Answer 23

1. Manufacturing Defects: product is safe as designed, but there’s a manufacturing mistake that makes it dangerous
2. Design Defects: product is dangerous as designed, even if it’s manufactured correctly
3. Inadequate Warnings: defective based on inadequate warnings
   Foreseeable Misuse: if misuse is foreseeable, warnings required
   Obvious Risks: you don’t need to warn from obvious risks

Question 24

Crimes of Theft: Burglary

Answer 24

Entering a building to commit a felony

Aggravated burglary when deadly weapon is used Or when the building entered is a dwelling

Question 25

Crimes of Theft: Larceny

Answer 25

Wrongfully taking someone’s property with the intent to not give it back

Question 26

Crimes of Theft: Obtaining goods by false pretenses

Answer 26

Theft involving trickery or fraud

Question 27

Crimes of Theft: Robbery

Answer 27

Using force or threat to take someone’s property Aggravated robbery when a deadly weapon is used

Question 28

Cybercrime: cyber fraud

Answer 28

Fraud committed over the internet

Question 29

Cybercrime: Cyber Theft

Answer 29

Stealing data stored in computer 1. Identity Theft 2. Phishing: Criminal uses e-mail to trick people into giving private info 3. Vishing: phishing, but over the phone instead

Question 30

Cybercrime: Hacking

Answer 30

Use one computer to break into another

Question 31

Cybercrime: Cyberterrorism

Answer 31

Using a computer to damage or threaten a critical network system

Question 32

White Collar Crime: Embezzlement

Answer 32

Taking money you were entrusted to handle

Question 33

While Collar Crime: Mail and Wire Fraud

Answer 33

Uses US mail or internet to defraud the public

Question 34

White collar crime: Bribery

Answer 34

Offering to give someone something of value to influence them in some way that serves a private interest

Question 35

White collar crime: Bankruptcy Fraud

Answer 35

Evading effect of federal bankruptcy law

Question 36

White collar crime: insider trading

Answer 36

Buying/selling publicly traded securities based on knowledge not available to the public

Question 37

White collar crime: theft of trade secrets

Answer 37

Buying/possessing another’s trade secrets and without their authorization

Question 38

Organized Crime: money laundering

Answer 38

Engaging in financial transactions that conceal the identity of illegally gained funds and run them through a legit business

Question 39

Organized Crime: Racketeering

Answer 39

Using a business to commit illegal acts RICO says that if someone commits two or more RICO offenses, they’re guilty of racketeering

Question 40

Defenses to criminal liability: Justifiable use of force

Answer 40

Self defense Deadly force can’t be used to protect property

Question 41

Defenses to criminal liability: Necessity

Answer 41

Criminal act necessary to prevent greater harm

Question 42

Defenses to criminal liability: insanity

Answer 42

Defendant incapable of the state of mind required to commit a crime

Question 43

Defenses to criminal liability: mistake

Answer 43

Mistake of fact that negates mental state necessary to commit a crime, like taking someone’s backpack that you thought was yours

Question 44

Defenses to criminal liability: Duress

Answer 44

Wrongful threat induced defendant to commit a crime they wouldn’t have otherwise committed Not a defense to murder Defendant must believe they’re in immediate danger

Question 45

Defenses to criminal liability: Entrapment

Answer 45

Defendant induced by a public official to commit a crime they wouldn’t have otherwise committed

Question 46

Defenses to criminal liability: statute of limitations

Answer 46

Prosecution must be brought within a specific period of years after the crime’s committed

Question 47

Defenses to criminal liability: Immunity

Answer 47

Allows defendant not to be prosecuted in exchange for information